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The Mental Health (Assessment of Former Users of Secondary Mental Health Services) (Wales) Regulations 2011

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Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations contain provisions about mental health assessments for former users of secondary mental health services.

2.  Regulation 3 provides that the term of the relevant discharge period during which an adult is eligible for a mental health assessment following discharge from secondary mental health services is three years. Where an adult was discharged from secondary mental health services before the coming into force date of these Regulations, the term of any relevant discharge period for that adult is as provided in regulation 6.

3.  Regulation 4 provides for a copy of the assessment report to be provided no later than ten working days following the completion of an adult’s mental health assessment.

4.  Regulation 5 provides for the determination of an adult’s usual residence for the purposes of Part 3 (assessments of former users of secondary mental health services) of the Mental Health (Wales) Measure 2010, where there is a question about whether an adult’s usual residence is situated within a particular local authority area.

5.  Regulation 6 makes transitional provision relating to the relevant discharge period for an adult who has been discharged from secondary mental health services within two years prior to the coming into force date of these Regulations.

6.  A regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Mental Health Legislation Team, Department for Health, Social Services and Children, Welsh Government, Cathays Park, Cardiff, CF10 3NQ.

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